1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The following facts do not conflict between the Parties:

The Defendant is a construction business operator who entered into a contract between Hyundai Construction Co., Ltd. and Hyundai Construction Co., Ltd. for a tunnel excavation work (hereinafter “instant tunnel excavation work”) and a mining work (hereinafter “instant mining work”).

B. On September 4, 2009, the Defendant entered into a subcontract with Nonparty C Co., Ltd. (hereinafter “C”) on the condition that the total construction amount of the instant construction works shall be KRW 10,150,000,000 (excluding value-added tax) and the construction period shall be from September 4, 2009 to December 31, 2010 (hereinafter “instant subcontract”).

[However, from April 201, 201, the total construction amount seems to have been adjusted to KRW 10,109,000 (excluding value-added tax).](c)

The Plaintiff was the representative director of C at the time of the conclusion of the instant subcontract, who was holding a mortgage on the instant real estate. However, in order to secure the obligation or obligation to be borne by C in relation to the instant construction (However, there is a dispute between the parties with respect to the existence and scope of the obligation to be secured by the instant mortgage transfer registration). On September 15, 2009, the Plaintiff issued the instant mortgage transfer registration to the Defendant.

C At the construction site of this case around July 201, 201.

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion 1) The instant mortgage transfer registration is offered to the Defendant as “security equivalent to the agreed performance guarantee” as stipulated in Article 12 of the instant subcontract. Therefore, the secured obligation is limited to the obligation to perform construction works as stipulated in the instant subcontract, and does not guarantee any damage or defect after the completion of construction works. 2) The part of the instant mining construction works from around July 2010 to the Defendant.